In regulation 2(1), in the appropriate place, insert—

““a qualifying EEA State residence card” means—

1. (a)

   a document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC M1 (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) to a non-EEA family member of an EEA national as proof of the holder's right of residence in that State;

2. (b)

   Germany and Estonia;”.

After regulation 7A, insert—

“7B.

Application of the EU2 Regulations

(1)

This regulation applies to an EEA national who was an accession State national subject to worker authorisation before 1st January 2014.

(2)

In this regulation—

“accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations;

“the EU2 Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006 M2.

(3)

Regulation 2(12) of the EU2 Regulations (accession State national subject to worker authorisation: legally working) has effect for the purposes of this regulation as it does for regulation 2(3) and (4) of the EU2 Regulations.

(4)

In regulation 5(7)(c), where the worker is an accession State national subject to worker authorisation, periods of involuntary unemployment duly recorded by the relevant employment office must only be treated as periods of activity as a worker when the unemployment began on or after 1st January 2014.

(5)

Regulation 6(2) applies to an accession State national subject to worker authorisation where the accession State national subject to worker authorisation became unable to work, became unemployed or ceased to work, as the case may be, on or after 1st January 2014.

(6)

For the purposes of regulation 15, an accession State national subject to worker authorisation must be treated as having resided in accordance with these Regulations during any period before 1st January 2014 in which the accession State national subject to worker authorisation was legally working in the United Kingdom.

(7)

An accession worker card issued to an accession State national subject to worker authorisation under regulation 11 of the EU2 Regulations before 1st January 2014 must be treated as if it were a registration certificate issued under these Regulations so long as it has not expired.”.

For regulation 9, substitute—

“Family members of British citizens9.

(1)

If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.

(2)

The conditions are that—

(a)

P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;

(b)

if the family member of P is P's spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and

(c)

the centre of P's life has transferred to the EEA State where P resided as a worker or self-employed person.

(3)

Factors relevant to whether the centre of P's life has transferred to another EEA State include—

(a)

the period of residence in the EEA State as a worker or self-employed person;

(b)

the location of P's principal residence;

(c)

the degree of integration of P in the EEA State.

(4)

Where these Regulations apply to the family member of P, P is to be treated as holding a valid passport issued by an EEA State for the purpose of the application of regulation 13 to that family member.”.

In regulation 13, in paragraph (4), for “regulation 19(3)(b), 20(1) or 20A(1)” substitute—

“(a)

regulation 19(3)(b), 20(1) or 20A(1); or

(b)

regulation 21B(2), where that decision was taken in the preceding twelve months.”.

In regulation 14, in paragraph (5), for “regulation 19(3)(b), 20(1) or 20A(1)” substitute—

“(a)

regulation 19(3)(b), 20(1) or 20A(1); or

(b)

regulation 21B(2) (not including such a decision taken on the basis of regulation 21B(1)(a) or (b)), where that decision was taken in the preceding twelve months.”.

In regulation 15, in paragraph (3), for “regulation 19(3)(b), 20(1) or 20A(1)” substitute—

“(a)

regulation 19(3)(b), 20(1) or 20A(1); or

(b)

regulation 21B(2) (not including such a decision taken on the basis of regulation 21B(1)(a) or (b)), where that decision was taken in the preceding twelve months.”.

In regulation 15A, in paragraph (9), for “regulation 19(3)(b), 20(1) or 20A(1)” substitute—

“(a)

regulation 19(3)(b), 20(1) or 20A(1); or

(b)

regulation 21B(2), where that decision was taken in the preceding twelve months.”.

After regulation 20A insert—

“Verification of a right of residence20B.

(1)

This regulation applies when the Secretary of State—

(a)

has reasonable doubt as to whether a person (“A”) has a right to reside under regulation 14(1) or (2); or

(b)

wants to verify the eligibility of a person (“A”) to apply for documentation issued under Part 3.

(2)

The Secretary of State may invite A to—

(a)

provide evidence to support the existence of a right to reside, or to support an application for documentation under Part 3; or

(b)

attend an interview with the Secretary of State.

(3)

If A purports to be entitled to a right to reside on the basis of a relationship with another person (“B”), the Secretary of State may invite B to—

(a)

provide information about their relationship with A; or

(b)

attend an interview with the Secretary of State.

(4)

If, without good reason, A or B fail to provide the additional information requested or, on at least two occasions, fail to attend an interview if so invited, the Secretary of State may draw any factual inferences about A's entitlement to a right to reside as appear appropriate in the circumstances.

(5)

The Secretary of State may decide following an inference under paragraph (4) that A does not have or ceases to have a right to reside.

(6)

But the Secretary of State must not decide that A does not have or ceases to have a right to reside on the sole basis that A failed to comply with this regulation.

(7)

This regulation may not be invoked systematically.

(8)

In this regulation, “a right to reside” means a right to reside under these Regulations.”.

After regulation 21A, insert—

“Abuse of rights or fraud21B.

(1)

The abuse of a right to reside includes—

(a)

engaging in conduct which appears to be intended to circumvent the requirement to be a qualified person;

(b)

attempting to enter the United Kingdom within 12 months of being removed pursuant to regulation 19(3)(a), where the person attempting to do so is unable to provide evidence that, upon re-entry to the United Kingdom, the conditions for any right to reside, other than the initial right of residence under regulation 13, will be met;

(c)

entering, attempting to enter or assisting another person to enter or attempt to enter, a marriage or civil partnership of convenience; or

(d)

fraudulently obtaining or attempting to obtain, or assisting another to obtain or attempt to obtain, a right to reside.

(2)

The Secretary of State may take an EEA decision on the grounds of abuse of rights where there are reasonable grounds to suspect the abuse of a right to reside and it is proportionate to do so.

(3)

Where these Regulations provide that an EEA decision taken on the grounds of abuse in the preceding twelve months affects a person's right to reside, the person who is the subject of that decision may apply to the Secretary of State to have the effect of that decision set aside on grounds that there has been a material change in the circumstances which justified that decision.

(4)

An application under paragraph (3) may only be made whilst the applicant is outside the United Kingdom.

(5)

This regulation may not be invoked systematically.

(6)

In this regulation, “a right to reside” means a right to reside under these Regulations.”.

After regulation 28, insert—

“National security: EEA Decisions28A.

(1)

Section 97A M3 of the 2002 Act applies to an appeal against an EEA decision where the Secretary of State has certified under regulation 28(2) or (4) that the EEA decision was taken in the interests of national security.

(2)

Where section 97A so applies, it has effect as if—

(a)

the references in that section to a deportation order were to an EEA decision;

(b)

subsections (1), (1A), (2)(b) and (4) were omitted;

(c)

the reference in subsection (2)(a) to section 79 were a reference to regulations 27(2) and (3) and 29 of these Regulations; and

(d)

in subsection (2A), for sub-paragraphs (a) and (b), “against an EEA decision” were substituted.”.